The legislation, being drafted after a Tuesday meeting of the City Council's Public Safety, Human Services and Education Committee, is expected to be presented to that committee on Oct. 7, when members would make a final decision. The legislation would then go to the full council.

"We have a site that is the best for public safety, for Queen Anne, Magnolia and Ballard, that it meets all of our fire department requirements," committee chair Tim Burgess said. "And it allows us to avoid using our power of eminent domain to take private residences."

The site has four parcels. One is for lease and another is for sale. The owner of the other two told the committee Tuesday he is supportive of the plan, Burgess said.

The appraised value of the four parcels is nearly $2.4 million, according to King County property records.

Six years ago, Seattleites approved the $167 million Fire Facilities and Emergency Response Levy, designed with the Kobe (Japan) earthquake, 2001 Nisqually earthquake and the 9/11 terrorist attacks in mind.

Nickels supported the levy after learning in 2002 that two-thirds of Seattle fire stations would not survive an earthquake similar to the 7.0 magnitude quake that rocked Kobe, Japan, in 1995.

The current Station 20, built in 1949 at 3205 13th Ave. W., does not meet current code requirements or daily firefighter needs and its condition makes remodeling or seismic upgrades unsuitable, according to the mayor's office.

It was moved to the end of the projects list because of controversy over where the replacement should be built.

In 2005, the city tried to buy three houses next to the station at 13th Avenue West, between West Dravus and Bertona streets. Neighbors complained, saying the decision was made in a rush with too little analysis.

City officials said two homeowners were willing to sell, but the City Council rejected the site after other neighbors voiced concern.

Nickels sent a letter to homes served by the station in September 2006, saying more than 20 sites were reviewed for a new location and that he could not in good conscience recommend any of the other locations.

"I regret that a sound recommendation for a critical public safety project was rejected," Nickels wrote in that 2006 letter. "Consequently, our best remaining option is to leave Fire Station 20 in place without any improvements and to continue to provide the best service we can to your community from the existing building."

Burgess said the new Interbay site could provide for good response times, adding he was pleased with the progress made Tuesday.